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Last Published: 10/11/2013 1:56:05 PM
KANSAS CITY COUNCIL RECORD
 
Upon Roll Call the following members were present:
Presided:1 - SYLVESTER JAMES, JR.
Present:10 - SCOTT WAGNER, ED FORD, RUSS JOHNSON, JERMAINE REED, JIM GLOVER, JAN MARCASON, CINDY CIRCO, MICHAEL BROOKS, SCOTT TAYLOR, JOHN SHARP
Excused:2 - DICK DAVIS, MELBA CURLS
 

130786
RESOLUTION - Designating October, 2013, as National Disability Employment Awareness Month in Kansas City, Missouri.


Adopted

Ayes: 10 - Wagner, Ford, Johnson, Reed, Glover, Marcason, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

130780
COMMUNICATION - October 2013-Accepting various easements and deeds in Kansas City, Clay County, Missouri and directing the City Clerk to record the acceptance.


Received And Filed

Ayes: 11 - Wagner, Ford, Johnson, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

130781
COMMUNICATION - October 2013-Accepting various easements and deeds in Kansas City, Platte County, Missouri and directing the City Clerk to record the acceptance.


Received And Filed

Ayes: 11 - Wagner, Ford, Johnson, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

130782
COMMUNICATION - EMERGENCY REGULATIONS E41715-E41718


Received And Filed

Ayes: 11 - Wagner, Ford, Johnson, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

130783
COMMUNICATION - EMERGENCY REGULATIONS E41719-E41724


Received And Filed

Ayes: 11 - Wagner, Ford, Johnson, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

130784
COMMUNICATION - Notice to the City Clerk from the Greenway Fields Neighborhood Community Improvement District regarding the submission of their proposed budget for the Fiscal Year ending 2014.


Referred to Planning, Zoning & Economic Development Committee

130785
COMMUNICATION - Notice to the City Clerk from the Greenway Fields Neighborhood Community Improvement District regarding the submission of their Interim Directors for the Fiscal Year ending 2013.


Received And Filed

Ayes: 11 - Wagner, Ford, Johnson, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

130789
COMMUNICATION - Notice received from the Kansas City Police Department to the City Council regarding their Estimated Budget for fiscal year 2014-15.


Received And Filed

Ayes: 11 - Wagner, Ford, Johnson, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

130798
COMMUNICATION - A petition of protest was filed on the rezoning that is proposed in this ordinance for the property at 23rd and Benton Boulevard. I have examined the petition and the supporting documentation that was submitted and have determined that the petition was not sufficient because it did not contain the signatures of authorized representatives of 30% of the owners of property within 185 feet of the property proposed to be rezoned. Therefore this petition will not change the voting requirements for this ordinance to a 2/3 majority.


Received And Filed

Ayes: 11 - Wagner, Ford, Johnson, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0
 
 Councilmember Marcason (Second by Wagner) Move to Waive Charter Requirement
I move that the Charter requirement for reading of ordinances on three separate days be waived for the ordinances on today’s docket listed as “Committee Advances” and that these ordinances be advanced for final reading and consideration at this time.
 
Ayes: 11 - Wagner, Ford, Johnson, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

130697
Authorizing the Director of Water Services to enter into a $1,598,000.00 contract with Foley Company for the Universal Avenue Storm Sewer Drainage Improvements – Phase 2 – Milwaukee Pump Station Improvements project.


Passed

Nays: 11 - Wagner, Ford, Johnson, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.


Failed

130579
(Sub.)
Rezoning an area of approximately 0.3 acres generally located at the southwest corner of 23rd Street and Benton Boulevard from District B1-1 to District MPD, and approving a development plan for vehicle sales. (14389-P)


Passed as Substituted

Ayes: 1 - Johnson
Nays: 10 - Wagner, Ford, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.


Failed

130775
RESOLUTION - Approving an amendment to the Heart of the City Area Plan for an area of approximately 20 acres generally bounded by E. 26th Street on the north, E. 27th Street on the south, Prospect Avenue on the east and Brooklyn Avenue on the west to recommend institutional uses instead of residential low density and residential medium density uses. (685-S-2)


Adopted

Ayes: 1 - Ford
Nays: 10 - Wagner, Johnson, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.

130732
Authorizing a contract with Blue Nile Contractors, Inc., for approximately $2,200,000.00 for the 135th Street Improvements - Phase I, Oak Street to Holmes Road project; authorizing expenditures of $2,500,000.00; and recognizing an emergency.


Passed

Ayes: 10 - Wagner, Ford, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 1 - Johnson
 
 Councilmember Circo (Second by Brooks) Move to Waive Charter Requirement
I move that the charter requirement for reading of ordinances on three separate days be waived for the ordinances on today’s docket listed as “Second Readings” and that they be placed on the docket next week for third reading.
 
Ayes: 10 - Wagner, Ford, Johnson, Reed, Glover, Marcason, Circo, Brooks, Sharp, James, Jr.
Nays: 0

130777
Amending the 2013 One-Year Action Plan and authorizing submission of the Substantial Amendment to the U.S. Department of Housing and Urban Development; appropriating funds and estimating revenue in the amount of $1,450,000.00 in the Community Development Block Grant Fund; authorizing a contract in the amount of $1,500,000.00 with Morningstar’s Development Company, Inc. for the construction of the Morningstar Neighborhood Family Center at 27th and Prospect Avenue; and designating requisitioning authority.


Passed

Ayes: 11 - Wagner, James, Jr., Sharp, Taylor, Brooks, Circo, Marcason, Glover, Reed, Johnson, Ford
Nays: 0

130737
(Sub.)
Accepting the recommendations of the Tax Increment Financing Commission as to the Bannister & I-435 Tax Increment Financing Plan; approving the Bannister & I-435 Tax Increment Financing Plan; designating a Redevelopment Area; authorizing the City Manager to submit an application for state supplemental TIF, and directing the City Clerk to transmit copies of this ordinance.


Passed as Substituted

Ayes: 10 - Wagner, Ford, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 1 - Johnson

130767
Rezoning a 20 acre tract of land generally bordered by E. 26th Street on the north, E. 27th Street on the south, Prospect Avenue on the east and Brooklyn Avenue on the west from Districts R-1.5, B1-1 and B3-3 to MPD, and approving a development plan which also serves as a preliminary plat, to allow for the KCPD East Patrol Campus. (14419-MPD)


Passed

Ayes: 11 - Wagner, Ford, Johnson, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

130768
Approving a UR development plan for a 252 acre tract of land, generally bounded by 87th Street to the north, I-435 on the west, the Kansas City Southern Railroad on the east, and Bannister Road on the south to allow a mixed-use development. (6720-UR-15).


Passed

Ayes: 10 - Wagner, Ford, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 1 - Johnson

130771
(Sub.)
Estimating and appropriating $1,000,000.00 in the 2013B Special Obligation Bond Fund; designating requisitioning authority for expenditures for Columbus Park neighborhood infrastructure; authorizing the Director of Finance to close project accounts upon completion; and declaring the City’s intent to reimburse itself from bond proceeds.


Passed as Substituted

Ayes: 11 - Wagner, Ford, Johnson, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

130776
(Sub.)
Approving additional tax increment financing for the Bannister & I-435 Tax Increment Financing Plan and authorizing the Director of Finance to enter into a Financing Agreement.


Passed as Substituted

Ayes: 10 - Wagner, Ford, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 1 - Johnson

130753
Authorizing a contract not to exceed $470,000.00 with Corporate Care Occupational Medicine Network for Kansas City Fire Department employee physical examinations and physician services and the expenditure of previously appropriated funds in the amount of $470,000.00.


Passed

Ayes: 11 - Wagner, Ford, Johnson, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

130763
Authorizing acceptance of a $100,000.00 grant from PetSmart Charities; estimating revenue in the amount of $100,000.00; appropriating that amount to the General Fund account; and designating requisitioning authority.


Passed

Ayes: 11 - Wagner, Ford, Johnson, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

130766
Authorizing a $1,351,297.04 Aviation contract with M-B Companies, Inc. for New Airfield Snow Removal Equipment at Kansas City International (KCI); and recognizing an emergency.


Passed

Ayes: 11 - Wagner, Ford, Johnson, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

130770
Authorizing the Director of City Development to amend a contract with Berkebile, Nelson, Immenschuh, McDowell, Inc., for approximately $586,500.00; authorizing expenditures of approximately $586,500.00; directing the Public Improvements Advisory Committee to move in-district funding for Districts Four, Five and Six for the amendment; and recognizing an emergency.


Passed

Ayes: 11 - Wagner, Ford, Johnson, Reed, Glover, Marcason, Circo, Brooks, Taylor, Sharp, James, Jr.
Nays: 0

130772
Amending Chapter 48, Nuisance, and Chapter 56, Property Maintenance, Code of Ordinances, by repealing Sections 48-83 and 56-547 and enacting in lieu thereof new sections of like number and subject matter modifying the provisions for the waiver of special tax bills.


Assigned to Third Read Calendar

130774
Releasing the Receiver and his attorneys, employees and representatives from any and all claims arising out of the receivership in City of Kansas City, Missouri v. Housing and Economic Development Financial Corporation (Case No. 05-00368-CV-W-GAF) and authorizing the City Attorney to execute such a release.


Assigned to Third Read Calendar

130764
Authorizing the City of Kansas City, Missouri to join the Missouri Clean Energy District; stating the terms under which the City will conduct activities within the City as a member of the Missouri Clean Energy District; requesting appointment to the District’s Advisory Board; disclaiming any need for appropriation; and directing the City Clerk to send a certified copy of this Ordinance to the Board of Directors of the District.


Assigned to Third Read Calendar
 
 Councilmember Circo (Second by Brooks) Move to Waive Charter Requirement
I move that the Charter requirement for reading ordinances on three separate days be waived for the ordinances on today’s docket listed as “First Readings” and that these ordinances be introduced as listed to the committee so designated.
 
Ayes: 10 - Wagner, Ford, Johnson, Reed, Glover, Marcason, Circo, Brooks, Sharp, James, Jr.
Nays: 0

130788
Authorizing a $2,000,000.00 agreement with the Jackson County Sports Complex Authority to be used in connection with the Harry S. Truman Sports Complex.


Referred to Finance, Governance & Ethics Committee

130793
Authorizing the City Manager to execute the third amendment of a contract with the Neighborhood Housing Services of Kansas City to extend the term and increase the total amount of the contract up to $3,246,417.00, all to further the EnergyWorks KC program.


Referred to Finance, Governance & Ethics Committee

130794
Authorizing the City Manager to execute the third amendment of a contract with the Neighborhood Housing Services of Kansas City to extend the term and increase the total amount of the contract up to $1,030,500.00, all to further the EnergyWorks KC program.


Referred to Finance, Governance & Ethics Committee

130796
Amending Section 68-472.1, Code of Ordinances, for the purpose of revising the formula for distributing the public mass transportation sales tax.


Referred to Finance, Governance & Ethics Committee

130779
Declaring certain real property in Beacon Hill along Vine Street surplus to the City(s needs; authorizing the Director of the General Services Department to convey these surplus parcels to the Land Clearance for Redevelopment Authority and further authorizing the execution of related documents.


Referred to Planning, Zoning & Economic Development Committee

130792
Amending Chapter 54, Code of Ordinances, by repealing Sections 54-212, Records required, 54-213, Restrictions on transactions, and 54-215, Records maintained, and enacting in lieu thereof new sections of like number and subject matter which mandate all secondary metal recyclers install and maintain a retrievable third party electronic database, allows secondary metal recyclers the ability to make unlimited transactions with licensed businesses when purchasing HVAC components.


Referred to Public Safety & Emergency Services Committee

130797
Amending Chapter 54 Article V, Secondary Metal Recyclers, by enacting two new sections pertaining to mandatory holding periods, revising the definitions and renumbering of ordinances.


Referred to Public Safety & Emergency Services Committee

130787
Approving various Traffic Regulations in compliance with Chapter 70 of the Code of Ordinances.


Referred to Transportation & Infrastructure Committee

130790
Authorizing a second amendment to an agreement with HDR Engineering, Inc., for approximately $23,300.00 for the James Street Bridge over Railroad Yard rehabilitation project; and recognizing an emergency.


Referred to Transportation & Infrastructure Committee

130791
Authorizing the Manager of Procurement Services to execute a term and supply contract with Clymore Trucking Company for truck hauling services; and authorizing four one-year renewal options.


Referred to Transportation & Infrastructure Committee

130795
Authorizing a change order to a contract with Superior Bowen Asphalt Company for approximately $309,000.00 for the resurfacing of Designated Streets from Missouri River North to City Limits 13-1 project; and recognizing an emergency.


Referred to Transportation & Infrastructure Committee
 
MISCELLANEOUS BUSINESS
 
 CLOSED SESSION Closed Session/Litigation Item(s)* Closed Session/Legal Issue(s)** Closed Session/Personnel Issue(s)*** Closed Session/Real Estate Transaction(s)Closed Session/Employee/Labor Negotiation Item(s)***** *Litigation Item(s) may be discussed in a closed session pursuant to §610.021 (1) RSMo. because it relates to legal action, causes of actions, or litigation. **Legal Issue(s) will be discussed in closed session pursuant to §610.021(1) RSMo because it relates to confidential and privileged communications between City Council and its attorneys. ***Personnel Issue(s) will be discussed in closed session pursuant to §610.021(3) RSMo because it relates to personnel matter. ****Real estate transaction(s) may be discussed pursuant to Sec. 610.021(2), RSMo. because public knowledge of the transaction(s) at this time might adversely affect the legal consideration therefor. *****Employee/Labor negotiation item(s) may be discussed in a closed session pursuant to §610.021(9) RSMo. because it relates to preparation for negotiations with employee groups. The City Clerk's Office now has equipment for the hearing impaired for use with every meeting. To check out the equipment please see the secretary for each committee. Be prepared to leave your Driver's License or State issued Identification Card with the secretary and she will give you the equipment. Upon returning the equipment your license will be returned.